Rajasthan High Court - Jodhpur
Ramkaran @ Karna Ram vs State Of Rajasthan on 21 October, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 595/2021
1. Ramkaran @ Karna Ram S/o Mohan Ram, Aged About 40
Years, R/o Ghodaran, Police Station Shreebalaji, District
Nagaur. (At Present Lodged In Central Jail Jodhpur)
2. Ghewar Ram S/o Ramdeen Ram, Aged About 38 Years,
Kajnaukalla, P.s. Khedapa, Dist. Jodhpur. (At Present
Lodged In Central Jail Jodhpur)
3. Parsa Ram S/o Shree Ram @ Shiv Ram, Aged About 50
Years, Kajnaukalla, P.s. Khedapa, Dist. Jodhpur. (At
Present Lodged In Central Jail Jodhpur)
4. Kheraj Ram S/o Kesa Ram, Aged About 35 Years,
Madaniyo Ki Dhani, Pachlasika, P.s. Khinvsar, Dist.
Nagaur. (At Present Lodged In Central Jail, Jodhpur).
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Rajiv Bishnoi
For Respondent(s) : Mr. Laxman Solanki, PP assisted by
Mr. Avinash Godara
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
21/10/2021
Heard learned counsel for the appellants and learned Public
Prosecutor.
Upon a consideration of the arguments advanced on behalf
of the appellants and having regard to the facts and circumstances
of the case, appellants were on bail during the trial, this Court is
of the opinion that it is a fit case for suspending the substantive
sentences awarded to the accused appellant.
(2 of 3) [SOSA-595/2021]
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
substantive sentences passed by the learned Special Judge NDPS
Act Cases, Sirohi, Rajasthan, vide judgment dated 17.08.2021 in
Sessions Case No.05/2010(16/2014) against the applicants
1.Ramkaran @ Karna Ram S/o Mohan Ram 2. Ghewar Ram S/o
Ramdeen Ram 3. Parsa Ram S/o Shree Ram @ Shiv Ram & 4.
Kheraj Ram S/o Kesa Ram, shall remain suspended till final
disposal of the aforesaid appeal and they will be released on bail
subject to deposit the fine amount as imposed by the learned trial
Court, provided they execute a personal bond in the sum of
Rs.1,00,000/- each with two sureties of Rs.50,000/- each to the
satisfaction of the learned trial Judge for their appearance in this
court on 22.11.2021 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
appeal is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/their changed address to the trial Court as
well as to the counsel in the High Court.
3. Similarly, if the sureties change their address(s),
they will give in writing their changed address to
the trial Court.
4. Applicants shall deposit the fine amount as
imposed by the learned trial Court.
The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/were tried and convicted. A copy of this
order shall also be placed in that file for ready reference. Criminal
Misc. file shall not be taken into account for statistical purpose
(3 of 3) [SOSA-595/2021]
relating to pendency and disposal of cases in the trial court. In
case the said accused applicant(s) does not appear before the trial
court, the learned Special Judge shall report the matter to the
High Court for cancellation of bail.
(MANOJ KUMAR GARG),J
176-priyal/-
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